Spouse visa after EEA FP?

newbieholland · Post by **newbieholland** » Mon Jan 16, 2012 12:45 am

Is it possible to apply for a UK spouse visa for a non EU spouse of a UK national after successful EEA FP? I have EEA FP under Surinder Singh and I travelled to UK a couple of times. Can I apply for a UK spouse visa from the country of my residence?

newbieholland · Post by **newbieholland** » Tue Jan 17, 2012 2:09 am

Post by **Obie** » Tue Jan 17, 2012 8:53 am

newbieholland wrote:Is it possible to apply for a UK spouse visa for a non EU spouse of a UK national after successful EEA FP? I have EEA FP under Surinder Singh and I travelled to UK a couple of times. Can I apply for a UK spouse visa from the country of my residence?

You could, but the procedure is much longer, as you will have to pass the english language test, show you meet the accommodation and maintenance requirement and that your wife is present and settled in the UK, or at least demonstrate an intention on her part to do so, and added to this the visa fee.

There is also the option of applying for EEA Residence Card aswell.

newbieholland · Post by **newbieholland** » Wed Jan 18, 2012 1:16 pm

Obie wrote: You could, but the procedure is much longer, as you will have to pass the english language test, show you meet the accommodation and maintenance requirement and that your wife is present and settled in the UK, or at least demonstrate an intention on her part to do so, and added to this the visa fee.

There is also the option of applying for EEA Residence Card aswell.

Thanks for the reply Obie. I understand the delay due to the unwanted formalities (requirement of language test which is not needed per the EU law) , but I feel sepnding money on the language test and visa fees is better than loosing opportunities . I guess I have already lost enough as it costs three extra years to get the PR where you can come and leave freely into the UK. I am happy as long as there is an option to change my EEAFP to the spouse visa.

romanhighlander · Post by **romanhighlander** » Thu Jan 26, 2012 8:51 pm

Isn't it the case that the person must have over 6 months LTR to qualify under paragraph 281???

Obie wrote:
newbieholland wrote:Is it possible to apply for a UK spouse visa for a non EU spouse of a UK national after successful EEA FP? I have EEA FP under Surinder Singh and I travelled to UK a couple of times. Can I apply for a UK spouse visa from the country of my residence?
You could, but the procedure is much longer, as you will have to pass the english language test, show you meet the accommodation and maintenance requirement and that your wife is present and settled in the UK, or at least demonstrate an intention on her part to do so, and added to this the visa fee.

There is also the option of applying for EEA Residence Card aswell.

Post by **vinny** » Thu Jan 26, 2012 9:16 pm

romanhighlander wrote:Isn't it the case that the person must have over 6 months LTR to qualify under paragraph 281???

No. It's possible if the EEA national has PR.

romanhighlander · Post by **romanhighlander** » Thu Jan 26, 2012 9:25 pm

The sponsor is a British National whose wife has joined me on a EEA family permit as the sponsor was working in Europe. Now can the spouse switch from EEA to spouse under the Immigration rules? is that possible even though her original; EEA Family permit LTR is only 6 months.

vinny wrote:
romanhighlander wrote:Isn't it the case that the person must have over 6 months LTR to qualify under paragraph 281???
No. It's possible if the EEA national has PR.

romanhighlander · Post by **romanhighlander** » Thu Jan 26, 2012 9:26 pm

How sure are you? have you had any experience of such cases?

Thanks for bearing with me.

romanhighlander wrote:The sponsor is a British National whose wife has joined me on a EEA family permit as the sponsor was working in Europe. Now can the spouse switch from EEA to spouse under the Immigration rules? is that possible even though her original; EEA Family permit LTR is only 6 months.

vinny wrote:
romanhighlander wrote:Isn't it the case that the person must have over 6 months LTR to qualify under paragraph 281???
No. It's possible if the EEA national has PR.

Post by **vinny** » Thu Jan 26, 2012 9:31 pm

It's always possible for the spouse of a British citizen to apply for a spouse visa from outside the UK, subject to MAA and A1 requirements, etc., (281).

It's not possible for a EEA FP holder to switch from inside the UK (284).

shoko · Post by **shoko** » Fri Jan 27, 2012 1:24 pm

Vinny, this case describes a situation of switching from FP to a UK rules when the partner is changed,

how about the case of a non-eea national applying for a FP to join the British citizen on their return to the UK if:

the British citizen has been living in an EEA member state as a worker or self-employed person; (http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/)

and now the spouse and the British citizen are present and settling in the UK?

Cheers

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Spouse visa after EEA FP?

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